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Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Proposed Rules
because they better align the LIP with the SIP and will not interfere with any applicable CAA requirements.
Rule 2.0302, Episode Criteria The April 24, 2020, revision modifies Rule 2.0302, Episode Criteria, by updating the format of units, updating who proclaims air quality alerts and warnings and declarations of emergency at various pollutant levels requiring abatement actions from the Director of MCAQ with concurrence of the Governor, removing obsolete pollutant levels triggering such proclamations or declarations, and renumbering the subsections as a result of the aforementioned changes. Rule 2.0302
was first approved by EPA into the LIP
on May 2, 1991 56 FR 20140, and establishes guidance for the Director on when to issue an air pollution alert. The edits to Rule 2.0302 align 8 the rule with the current SIP-approved rule, 15A
NCAC 02D .0302, Episode Criteria. EPA
most recently incorporated updates to the state rule in North Carolinas SIP on April 10, 2019. See 84 FR 14308. EPA
is proposing to approve the updates to Rule 2.0302 because they better align the LIP with the SIP and will not interfere with any applicable CAA
requirements.

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Rule 2.0303, Emission Reduction Plans The April 24, 2020, revision modifies Rule 2.0303, Emission Reduction Plans, by making updates to references. Rule 2.0303 was first approved by EPA into the LIP on May 2, 1991 56 FR 20140, and establishes when persons responsible for operating an air pollution source must take air pollution alert, warning, or emergency actions.
The revisions add a cross-reference to Rule 2.0304, Preplanned Abatement Program, described below. The edits align 9 the rule with the current SIPapproved rule, 15A NCAC 02D .0303, Emission Reduction Plans. EPA most recently incorporated updates to the state rule in North Carolinas SIP on April 10, 2019. See 84 FR 14308. EPA
is proposing to approve the updates to Rule 2.0303 because they better align the LIP with the SIP and will not interfere with any applicable CAA
requirements.
8 The only differences between the revised version of 2.0302 and the SIP-approved version of 15A NCAC 02D .0302 tailor the rules to reference their respective governing bodies.
9 The only differences between the revised version of 2.0303 and the SIP-approved version of 15A NCAC 02D .0303 tailor the rules to reference their respective governing bodies.

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Rule 2.0304, Preplanned Abatement Program The April 24, 2020, revision modifies Rule 2.0304, Preplanned Abatement Program, by making updates to references. Rule 2.0304 was first approved by EPA into the LIP on May 2, 1991 56 FR 20140, and establishes who must prepare a plan to reduce emissions during any air pollution episode. The edits align 10 the rule with the current SIP-approved rule, 15A
NCAC 02D .0304, Preplanned Abatement Program. EPA most recently incorporated updates to the state rule in North Carolinas SIP on April 10, 2019.
See 84 FR 14308. EPA is proposing to approve the updates to Rule 2.0304
because they better align the LIP with the SIP and will not interfere with any applicable CAA requirements.
III. Incorporation by Reference In this document, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to approve MCAPCO Rules 1.5301Special Enforcement Procedures; 1.5302Criminal Penalties;
1.5303Civil Injunction; 1.5304Civil Penalties; 1.5306Hearings; 1.5307
Judicial Review; 2.0301Purpose; and 2.0305Emission Reduction Plant:
Alert Level, all of which have an effective date of December 15, 2015; as well as MCAPCO Rules 2.0101
Definitions; 2.0201Classification of Air Pollution Sources; 2.0202
Registration of Air Pollution Sources;
2.0302Episode Criteria; 2.0303
Emission Reduction Plans; and 2.0304
Preplanned Abatement Program, all of which have an effective date of December 18, 2018, into the Mecklenburg County portion of the North Carolina SIP to update the rules to more closely align with their analog North Carolina rules in the SIP. EPA has made and will continue to make the SIP
generally available through www.regulations.gov and at the EPA
Region 4 Office please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information.
IV. Proposed Action EPA is proposing to approve the aforementioned revisions to the Mecklenburg LIP. Specifically, EPA is proposing to approve revisions to MCAPCO Rules 1.5301Special 10 The only differences between the revised version of 2.0304 and SIP-approved version of 15A
NCAC 02D .0304 tailor the rules to reference their respective governing bodies.

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Enforcement Procedures; 1.5302
Criminal Penalties; 1.5303Civil Injunction, 1.5304Civil Penalties;
1.5306Hearings; 1.5307Judicial Review; 2.0101Definitions; 2.0201
Classification of Air Pollution Sources;
2.0202Registration of Air Pollution Sources; 2.0301Purpose; 2.0302
Episode Criteria; 2.0303Emission Reduction Plans; 2.0304Preplanned Abatement Program; and 2.0305
Emission Reduction Plant: Alert Level.
EPA is proposing to approve these revisions because they are consistent with the CAA.
V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations.
See 42 U.S.C. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs role is to approve state choices, provided they meet the criteria of the CAA. This proposed action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:
Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act 44
U.S.C. 3501 et seq.;
Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act 5
U.S.C. 601 et seq.;
Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 Pub. L. 1044;
Does not have Federalism implications as specified in Executive Order 13132 64 FR 43255, August 10, 1999;
Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 62 FR 19885, April 23, 1997;
Is not a significant regulatory action subject to Executive Order 13211 66 FR
28355, May 22, 2001;
Is not subject to requirements of Section 12d of the National Technology Transfer and Advancement Act of 1995 15 U.S.C. 272 note because application of those requirements would be inconsistent with the CAA; and
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